A.
Payment for improvements.
(1)
The improvements prescribed in this chapter are required as a condition
of approval of a subdivision plat, certified survey map or condominium
plan. The required improvements described in this chapter shall be
installed, furnished and financed at the sole expense of the subdivider.
However, in the case of required improvements in a commercial or industrial
area, the cost of such improvements may, at the sole discretion of
the Village Board, be financed through special assessments, tax incremental
financing or some other type of economic development mechanism.
(2)
In accordance with the authority granted by § 236.13, Wis.
Stats., the Village of Grantsburg hereby requires that, as a condition
of final plat or certified survey approval, the subdivision, condominium
or certified survey map developer (as applicable) agrees to make and
install all public improvements required by this chapter and that
the subdivision, condominium or certified survey map developer (as
applicable) shall provide the Village with security to ensure that
the subdivision, condominium or certified survey map developer (as
applicable) will make the required improvements. As a further condition
of approval, the Village Board hereby requires that the subdivision,
condominium or certified survey map developer (as applicable) be responsible
for the cost of any necessary alterations of any existing utilities
which, by virtue of the platting or certified survey map, fall within
the public right-of-way.
B.
General standards.
(1)
The following required improvements in this chapter shall be installed
in accordance with the engineering standards and specifications which
have been adopted by the Village Board. Where standards and specifications
have not been adopted, the improvements shall be made in accordance
with good engineering practices, approved prior to the start of construction
by the Village Engineer or Village Board. When new or revised standards
and/or specifications have been adopted by the Village, work on public
improvements not begun within three years of the date of final plat
approval shall be made to the new or revised standards and/or specifications.
The Village Engineer shall review and approve the construction plans,
specifications and calculations for the construction of the required
public improvements.
(2)
As a condition for the acceptance of dedication of public rights-of-way,
the Village requires that the public ways have been previously provided
with all necessary facilities constructed to Village specifications,
including but not limited to sewerage, storm drainage, water mains
and services, grading and improvement of the streets and other public
ways, sidewalks, street signing, streetlighting and such other facilities
required by the Village Board.
C.
Project manager. The subdivision, condominium or certified survey
map developer (as applicable) shall designate a project manager who
shall be readily available on the project site during the construction
of the required public improvements. The project manager shall be
granted authority on behalf of the subdivision, condominium or certified
survey map developer (as applicable) to make decisions related to
the construction of the required public improvements as they may arise
during the course of the construction. The project manager shall also
be responsible for the scheduling and coordination of the required
work to construct the required improvements. Correspondence with or
verbal orders to the designated project manager shall have the same
authority as with the subdivision, condominium or certified survey
map developer (as applicable).
A.
Developer's agreement required; financial security for improvements.
(1)
Condition of approval. Prior to the final approval and recording of any certified survey map, subdivision final plat, or condominium requiring improvements located within the jurisdictional limits of this chapter, and prior to the installation of any required improvements, and as a condition of said approval, the subdivision, condominium or certified survey map developer (as applicable) shall enter into a contract ("developer's agreement" or "subdivider's agreement") with the Village of Grantsburg agreeing to furnish, construct, and install the required improvements at the sole cost of the subdivision, condominium or certified survey map developer (as applicable) and shall file with said contract a performance bond, irrevocable letter of credit, or certified check in the amount equal to, or not exceeding, 120% of the Village Engineer's estimate. Such surety amount determination shall be made by the Village Board after review and recommendation of the Village Engineer's estimated total cost to complete the required public improvements. It shall be the developer's option whether to execute a performance bond or whether to provide a letter of credit or certified check to satisfy the Village's requirement that the developer provide security to ensure that the required public improvements are made within a reasonable time per the subdivider's agreement. Security phasing, pursuant to Subsection B below, shall be utilized if the project is to be completed pursuant to an approved phasing plan.
(2)
Purpose of guarantee. The purpose of the guarantee and surety is
to ensure that such required improvements will be completed by the
subdivision, certified survey map or condominium developer (as applicable)
or the developer's subcontractor or agent, and serves as a further
guarantee that all obligations to subcontractors for work on the development
are satisfied. Such improvements shall be completed by the developer
of the subdivision, certified survey map or condominium project, or
by his subcontractor, as set forth in the subdivider's agreement.
(3)
Form of agreement. The contract form shall be approved by the Village
Attorney and provided by the Village and may provide for a phasing
of public improvements construction, provided that such phasing is
approved by the Village Board. The Village reserves the right to control
the phasing through limits and sequence so as to provide for continuity
of streets, sewers, water mains, and other necessary public improvements
within and between the phases. The amount of security that can be
required by the Village is limited to the phase of the project that
is currently being constructed.
(4)
Authorized reductions of security amounts. The Village may allow
for the reduction of the performance bond, irrevocable letter of credit,
or certified check as work is completed on the project or phases of
the project.
(5)
Disputes over the amount of financial sureties. In a dispute over
the amount of a surety, the estimate prepared by the Village Engineer
shall be given the greater weight.
(6)
Partial completion of improvements; escrow account/security reductions. On request of the subdivision, certified survey map or condominium developer (as applicable), the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat, and in such event the amount of the escrow deposit and/or required security may be reduced in a sum equal to the estimated cost of the improvements so completed prior to acceptance of the plat only. The amount of any reduction in an escrow account (see § 582-56 regarding escrow account) or required security shall be at the sole discretion of the Village Board, upon the recommendation from the Village Engineer and Village Attorney. Any balance remaining after such improvements have been made shall be returned to the subdivision, certified survey map or condominium developer (as applicable). The Village Board, at its option, may extend the escrow deposit period for an additional period not to exceed two years for nonsecured warranty purposes.
(7)
Village authority to draw on escrow accounts. The Village Board shall
have the authority to draw upon the required security or escrow account
if at any time:
(a)
The developer is in default under this chapter in any aspect
of the developer's agreement with the Village of Grantsburg;
(b)
The developer does not complete the installation of improvements
within the time established in the developer's agreement, unless otherwise
extended by agreement or action of the Village Board;
(c)
The security on file with the Village is dated to expire in
the next 60 days and has not been extended, renewed or replaced or
the escrow deposit is 75% exhausted; or
(d)
The subdivision, certified survey map or condominium developer
(as applicable) otherwise fails to maintain the required security
in the amount approved by the Village Engineer and agreed to in the
developer's agreement.
(8)
Improvements completion schedule. The time for completion of the
infrastructure work and the several parts thereof required by this
chapter shall be determined by the Village Board, upon recommendation
of the Village Engineer, after consultation with the subdivision,
certified survey map or condominium developer (as applicable). The
completion date shall be a component of the contract.
(9)
Review and inspection costs. The subdivision, certified survey map or condominium developer (as applicable) shall pay the Village for all costs incurred by the Village for review and inspection of the development. (See § 582-56.) This would include review, and preparation at the Village Board's discretion, of plans and specifications by the Village Engineer, Planner, and Attorney, as well as other costs of a similar nature. The Village may draw on the escrow account for this purpose.
(10)
Legal signatories to contract. If the subdivision, certified
survey map or condominium developer (as applicable) and the individual
or entity holding title to the property on which the development is
to occur are different entities or individuals, then both shall sign
the developer's agreement. If either or both the subdivision, certified
survey map or condominium developer (as applicable) and titleholder
to the development property are a corporate or legal entity, then
all of the owners of that entity (or entities if both the subdivider
and the title holder are legal entities) shall sign the developer's
agreement on behalf of the corporate or legal entity and in their
individual capacities. Developer's agreements shall also be acknowledged
and executed by all project mortgagees.
(11)
Miscellaneous provisions. In addition, the following requirements
shall apply:
(a)
Contracts and contract specifications for the construction of
street and utility improvements on dedicated street rights-of-way,
as well as the contractors and subcontractors providing such work,
shall be subject to the inspection of construction by the Village
or its agent and approval of the Village. Unless otherwise authorized
by the Village Engineer, said specifications shall follow those specified
in this chapter or as directed by the Village Engineer.
(b)
The amount of the required security or certified check shall
be determined by the Village Board following the Village Engineer's
estimate.
(c)
Governmental units to which these security and contract provisions
apply may file, in lieu of said contract and bond/security, a letter
from officers authorized to act on their behalf agreeing to comply
with the provisions of this section, subject to the approval of the
Village Attorney.
B.
Phasing.
(1)
Infrastructure phasing option. Pursuant to § 236.13(2)(a),
Wis. Stats., if the project is approved to be constructed in phases,
which approval shall not be unreasonably withheld, the security required
to be deposited shall be limited to the phase of the project currently
being constructed. The agreement shall provide a reasonable time not
exceeding 14 months by which such security shall be provided, which
shall be no sooner than is reasonably necessary before the commencement
of the installation of the improvements. In addition, the Village
may require by agreement that the developer provide nonsecured improvements
warranties. The subdivision, condominium or certified survey map developer
(as applicable) may elect, with the approval of the Village, to install
the improvements in construction phases provided that:
(a)
The phases are specified in the contract for land division improvements;
(b)
The subdivision, condominium or certified survey map developer
(as applicable) submits security in an amount equal to 120% of the
estimated costs of improvements required for the installation and
construction schedules for that phase. Improvements constructed during
that phase shall not be accepted nor shall any building permit be
issued for construction within the completed area of that phase of
the land division unless required infrastructure for that phase has
been properly installed pursuant to this chapter;
(c)
The subdivision, condominium or certified survey map developer
(as applicable) is responsible for recording deed restrictions, approved
by the Village Attorney, which specify that the lots which are included
in future construction phases of the land division will not be transferred
or sold unless the Village's approval is obtained;
(d)
The subdivision, condominium or certified survey map developer
(as applicable) minimizes grading and other disturbances to lands
included in future construction phases in order to prevent erosion;
and
(e)
Erosion control plans and measures submitted and approved herein
shall address the individual phases of construction.
(2)
Phasing timeline considerations. The time period for completion of
a phased improvement program shall take into account the needs of
the Village and adjacent property owners for street and other improvements
to serve lands adjacent to and/or within the land division.
(3)
Reduction of security upon phase completion. As work progresses on installation of improvements constructed as part of the contract, the Village Engineer, upon written request from the subdivision, condominium or certified survey map developer (as applicable) from time to time, is authorized to recommend a reduction in the amount of surety as hereinafter provided. When portions of construction (any required utilities infrastructure, street, sidewalk, greenway, stormwater management or other improvements) are completed by the subdivision, condominium or certified survey map developer (as applicable) and determined acceptable by the Village Engineer, the Village Clerk is authorized, upon submission of lien waivers by the subdivision, condominium or certified survey map developer's (as applicable) contractors, to reduce the amount of surety. The amount of surety may be reduced at the time any required underground utilities are installed and tested. The amount of surety remaining shall be equal to 120% of the estimate of the Village Engineer of costs of work remaining to be completed and accepted and to ensure performance of the fourteen-month guarantee as specified in Subsection E below against defects in workmanship and materials on work accepted.
(4)
Village acceptance of surety reduction. When the work on the major
components of construction has been substantially completed, except
for work which cannot be completed because of weather conditions or
other reasons which in the judgment of the Village Engineer are valid
for noncompletion, the Village Board is authorized to accept a reduction
in the amount of surety to an amount, in the estimate of the Village
Engineer, sufficient to cover the work remaining to be completed,
including performance of the fourteen-month guarantee period against
defects in workmanship and materials. As a further guarantee that
all obligations under contract for work on the development are satisfied,
the contractor and subcontractors who are to be engaged in the construction
of utilities or street improvements on the street right-of-way to
be dedicated shall be approved for such work by the Village Engineer
prior to commencing construction.
C.
Issues to be addressed by developer's agreement. The developer's
agreement should, but is not limited to, address the following development
issues:
(1)
The developer's agreement shall identify all individuals or business
entities holding an ownership interest in the subject property or
holding an interest under an executed purchase agreement at the time
the developer's agreement is executed. The developer's agreement shall
also be executed and acknowledged by current and known future mortgagees
and shall be binding on the successors and assigns of the named developers,
owners and mortgagees.
(2)
The developer's agreement shall contain a full and accurate description
of the area being subdivided.
(3)
The developer's agreement shall address all exceptions to design
standards being sought or being granted by the Village and affecting
the area being subdivided.
(4)
The developer's agreement shall require that acceptable security
be posted with and in favor of the Village if all public improvements
called for under this chapter for the subdivision, certified survey
map, or condominium development are not fully installed and accepted
by the Village by the time a plat receives preliminary plat approval
or when a certified survey map is finally approved. The developer's
agreement shall address whether and when said security can be released
and shall further require the developer to take all steps necessary
to maintain the required security in the Village's possession and
not to allow it to expire.
(5)
The developer's agreement shall disclose and confirm relevant details
regarding the developer's insurance, warranties, continuing maintenance
requirements and responsibilities, and other contracts and agreements
affecting the subject property.
(6)
Where any platted area in a subdivision or certified survey map will
serve as open or buffer space and be jointly maintained and controlled
by the owners of the platted lots or where erosion control or stormwater
management devices will be installed in the area being subdivided
that will require ongoing maintenance, the developer's agreement shall
require that a homeowners' association be created with membership
on an equal basis of all platted lots not commonly owned and on an
equal basis that association bylaws be developed and that a restrictive
covenant or other perpetual, binding legal device be employed that
will create, administer and enforce the collective responsibilities
of the individual members of said homeowners' association concerning
commonly held areas and/or erosion control or stormwater management
devices.
(7)
A developer's agreement shall contain measures to protect the investments
and expectations of existing and future lot owners against unilateral
changes in the organizational or governing documents of a homeowners'
association by a developer so long as the subject area is under the
developer's control by requiring advance Village approval of material
changes to the homeowners' association bylaws or restrictive covenants
from the time the developer's agreement is executed until a majority
of the lots are conveyed to individual homeowners.
(8)
The developer's agreement shall contain the developer's representation
concerning intended subdivision design standards and home price ranges
and its agreement to maintain such standards through buildout of the
subdivision, certified survey map or condominium development (as applicable.)
(9)
The developer's agreement shall address the timing of joint driveway
paving, shall require shared maintenance agreements concerning shared
driveways and shall address the control and removal of debris and
rubbish during initial construction on lots being created.
(10)
The developer's agreement shall refer to or include as exhibits
the following information:
(a)
Preliminary plat (or certified survey map);
(b)
Final plat, to be added once approved and recorded;
(c)
Road design and construction plans;
(d)
Stormwater calculations and plans;
(e)
Village permits for any incoming transfer of development rights
that will operate to create greater dwelling unit densities in the
development than would be allowed under this chapter without a transfer
of development rights; and
(f)
Other project-related information as required by the Village
of Grantsburg.
(11)
The developer's agreement shall require the developer to pay
all of the Village's professional fees and expenses related to the
developer's agreement.
(12)
The developer's agreement may also address areas not included
in this chapter or otherwise expressly required by law but that are
nonetheless mutually agreeable to the developer and the Village and
which promote the public health, safety and welfare of the residents
and taxpayers of the Village of Grantsburg.
D.
Approval of subdivider's agreement. The subdivider's agreement shall
be drafted or approved as to form and content by the Village Attorney
and shall be approved by the Village Board prior to the final approval
of the certified survey map, subdivision final plat, or condominium
plat.
E.
Improvement guarantee.
(1)
Types of required security. The subdivision, condominium or certified
survey map developer (as applicable) shall include in said contract
an instrument of public improvement guarantee by irrevocable letter
of credit, certified check, or performance bond whereby a bonding
company (with assets exceeding $10,000,000 and authorized to do business
in the State of Wisconsin) guarantees maintenance, repair, and replacement
by the subdivision, condominium or certified survey map developer
(as applicable) of said required public improvements which deteriorate
or fail to meet performance or operating standards during the bond/security
term, or any penalties which may be incurred as a result thereof,
equal to 120% of the Village Engineer's estimate of the cost of the
public improvements. Pursuant to § 236.13(2)(a)1, Wis. Stats.,
it is the developer's choice as to whether to provide as required
security a performance bond, irrevocable letter of credit, or a certified
check.
(2)
Village authority to correct deficient improvements. If within 14
months after the date the public improvements for which the security
is provided are substantially completed are found by the Village to
be deficient or substandard, the subdivision, condominium or certified
survey map developer (as applicable) shall remove them and replace
them with nondefective work in accordance with written instructions
given by the Village Engineer. If the subdivision, condominium or
certified survey map developer (as applicable) does not promptly comply
with the terms of such instructions, or in an emergency where delay
would cause serious risk of loss or damage, the Village may cause
the removal and replacement of said defective work and charge all
direct, indirect and consequential costs of such removal and replacement
to the performance bond or improvement guarantee instrument.
(3)
Warranty period. The agreement may require a nonsecured warranty
period longer than the fourteen-month secured guarantee period.
(4)
Definition of "substantially completed." For purposes of this section
and pursuant to § 236.13(2)(a)2, Wis. Stats., public improvements
reasonably necessary for a project or phase of a project are considered
to be substantially completed at the time the binder course is installed
on streets or roads to be dedicated or, if the required public improvements
do not include a street or road to be dedicated, at the time that
90% of the public improvements by cost are completed. The Village
Board may allow for the reduction of the security as work is completed.
F.
Survey monuments.
(1)
Monument installation. Before final approval of any plat within the
corporate limits of the Village, the subdivider or condominium developer
(as applicable) shall cause survey monuments to be installed as required
by and placed in accordance with the requirements of § 236.15,
Wis. Stats., and as may be required by the Village Engineer.
(2)
Waiver. The Village Engineer may waive the placing of monuments, as provided in § 236.15(1)(h), Wis. Stats., for a reasonable time, not to exceed one year, on condition that the subdivider or condominium developer (as applicable) provide a letter of credit, certified check, or performance bond to ensure the placing of such monuments within the time required by the Wisconsin Statutes under and in compliance with the provisions of Subsection A above. Additional time may be granted by the Village Engineer upon show of cause.
(3)
Preservation of established monuments. Building permits shall not
be issued until all survey monumentation for the block(s) of lots
in which the lot(s) for which building permits are being applied for
within the phase of the land division under development has been installed.
When the land division includes an established 1/2, 1/4, 1/4-1/4,
or other such section monument, the established monument shall be
preserved and/or fully restored by the subdivision, condominium or
certified survey map developer (as applicable).
A.
Engineering reports, construction plans and specifications. As required by § 582-13, general engineering reports, plans and proposed specifications shall be submitted simultaneously with the filing of the preliminary plat. At the final plat stage, detailed construction plans for the required improvements conforming in all respects with the standards of the Village Engineer and the ordinances of the Village shall be prepared at the subdivision, condominium or certified survey map developer's (as applicable) expense by a professional engineer who is registered in the State of Wisconsin, and said plans shall contain his/her seal. Such plans, together with the quantities of construction items, shall be submitted to the Village Board or Village Engineer for its or his approval and for its or his estimate of the total cost of the required improvements; upon approval they shall become a part of the contract required. Simultaneously with the filing of the final plat with the Village Clerk, or as soon thereafter as practicable, copies of the construction plans and specifications, where applicable, shall be furnished for the following public improvements:
(1)
Street plans and profiles showing existing and proposed grades, elevations
and cross sections of required improvements.
(2)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials of required facilities.
(3)
Water main plans and profiles showing the locations, sizes, elevations
and materials of required facilities.
(4)
Stormwater and open channel plans and profiles showing the locations,
grades, sizes, cross sections, elevations and materials of required
facilities.
(5)
Erosion and sedimentation control plans showing those structures
required to retard the rate of runoff water and those grading and
excavating practices that will prevent erosion and sedimentation.
(6)
Landscaping plans showing the locations, age, caliper, species and time of planting of any required grasses, vines, shrubs and trees meeting the requirements of § 582-37.
(7)
Master site grading plans showing existing and proposed lot corner
elevations, top of curb elevations, building location and proposed
first floor building elevation, and showing control and direction
of drainage for each lot within the subdivision and for drainage adjacent
to the plat.
B.
Action by the Village Engineer. The Village Engineer shall review
or cause to be reviewed the plans and specifications for conformance
with the requirements of this chapter and other pertinent Village
ordinances and design standards recommended by the Village Engineer
and approved by the Village Board. If the Village Engineer rejects
the plans and specifications, he/she shall notify the owner, who shall
modify the plans or specifications or both accordingly. When the plans
and specifications are corrected, the Village Engineer shall approve
the plans and specifications for transmittal to the Village Board.
The Village Board shall approve the plans and specifications before
the improvements are installed and construction commenced.
C.
Construction and inspection.
(1)
Prior to starting any of the work covered by the plans approved above,
written authorization to start the work shall be obtained from the
Village Board upon receipt of all necessary permits and in accordance
with the construction methods of this chapter. Permit shall not be
issued until all improvements required by this chapter are satisfactorily
completed.
(2)
Construction of all improvements required by this chapter shall be
completed within two years from the date of approval of the preliminary
plat by the Village Board, unless good cause can be shown for the
Village Board to grant an extension, unless another time frame is
set forth in the subdivider's agreement for phased developments as
approved by the Village Board.
(3)
During the course of construction, the Village Engineer shall make
such inspections as the Village Board deems necessary to ensure compliance
with the plans and specifications as approved. The owner shall pay
the actual cost incurred by the Village for such inspections. This
fee shall be the actual cost to the Village of Grantsburg for inspectors,
engineers and other parties necessary to ensure satisfactory work.
D.
Record plans. After completion of all public improvements and prior
to final acceptance, the subdivision, condominium or certified survey
map developer (as applicable) shall make or cause to be made one Mylar
and three copies of record plans showing the actual location of all
improvements (unless manholes, stubs, sewer and water mains, etc.),
and such other facilities as the Village Engineer shall require. These
plans shall be prepared on the original Mylars of the construction
plans and shall bear the signature and seal of a professional engineer
registered in Wisconsin. The presentation of the record plans shall
be a condition of final acceptance of the improvements and release
of the surety bond assuring their completion.
The subdivision, condominium or certified survey map developer
(as applicable) shall construct streets, roads and alleys as outlined
on the approved plans based on the requirements of this chapter.
B.
Conform to Official Map. The arrangement, width, grade and location
of all streets shall conform to the Official Map.
C.
Survey monuments. The subdivider or condominium developer (as applicable) shall install survey monuments placed in accordance with the requirements of § 236.15, Wis. Stats., and as may be required by the Village Engineer. (See § 582-25F.)
D.
Grading.
(1)
Right-of-way and roadbed grading. After the installation of temporary
block corner monuments by the subdivider or condominium developer
(as applicable) and establishment of street grades, the subdivider
or condominium developer (as applicable) shall grade the full width
of the right-of-way of all streets proposed to be dedicated in accordance
with plans and standard specifications approved by the Village Engineer
and in conformance with this chapter. The subdivider or condominium
developer (as applicable) shall grade the roadbeds in the street rights-of-way
to subgrade.
(2)
Grading of cut and filled lands. Cut and filled lands shall be graded
to a maximum slope of 1:4, or the soil's angle of repose, whichever
is the lesser, and covered with permanent vegetation.
(3)
Preservation of existing trees during grading. During grading operations, every effort shall be made by the subdivider or condominium developer (as applicable) to preserve and protect from damage those existing trees identified in the natural resource protection plan to be preserved and retained as a part of the subdivision, certified survey map, or condominium approval. (See § 582-49 for minimum procedures.)
E.
Roadway surfacing.
(1)
Roadway surfacing. After the installation of all required utility
and stormwater drainage improvements, the subdivider or condominium
developer (as applicable) shall surface all roadways in streets proposed
to be dedicated to the widths prescribed by these regulations.
F.
Completion of street construction.
(1)
Prior to any building permits being issued on lands adjacent to streets,
all street construction shall be completed by the subdivision, condominium
or certified survey map developer (as applicable), approved by the
Village Engineer and accepted by the Village Board.
(2)
The Village Board may issue a waiver of these requirements in unusual
or special circumstances such as excessively severe weather conditions,
heavy construction temporarily in area or construction material shortages
(i.e., cement or asphalt). The issuance of a waiver shall be at the
discretion of the Village Board.
(3)
The subdivision, condominium or certified survey map developer (as
applicable) requesting a waiver shall do so in writing, presenting
such information and documentation as required by the Village Board.
The waiver shall be in written form and shall detail which improvement
requirements are temporarily waived and for what period of time.
When permanent rural street sections have been approved by the
Village Board, the subdivider or condominium developer (as applicable)
shall finish grade all shoulders and road ditches, install all necessary
culverts at intersections and, if required, surface ditch inverts
to prevent erosion and sedimentation in accordance with plans and
standard specifications approved by the Village Engineer.
A.
General sidewalk requirements. Sidewalks may be required by the Village
Board, upon the recommendation of the Plan Commission, in subdivisions,
certified survey maps, or condominiums to accommodate safe and adequate
pedestrian circulation. Where sidewalks are provided, they shall be
located within a dedicated public right-of-way or pedestrian access
easement and shall be in accordance with plans and specifications
approved by the Village Engineer and this Code of Ordinances. If the
sidewalk is to be located within a pedestrian access easement, said
easement shall be a minimum of 20 feet in width.
B.
Extra-sized sidewalks. Wider-than-standard sidewalks may be required
by the Village Board in the vicinity of schools, commercial areas
and other places of public assemblage, and the Village Board may require
the construction of sidewalks in locations other than required under
the preceding provisions of this section if such walks are necessary,
in its opinion, for safe and adequate pedestrian circulation.
C.
Bicycle paths and trails. The subdivider or condominium developer
(as applicable) shall install Village-required bicycle paths and trails
in accordance with the Village's plans and specifications, or plans
approved by the Village Engineer and in accordance with the American
Association of State Highway and Transportation Officials (AASHTO)
in its Guide for the Development of Bicycle Facilities, most recent
edition. The subdivider or condominium developer (as applicable) shall
assume the entire cost of such bicycle paths and trails.
D.
Location.
(1)
The subdivider or condominium developer (as applicable) shall be
required to provide sidewalks where required by the Village's Sidewalk
Master Plan, at Village specifications as follows: sidewalks shall
normally be located as far from the traffic lane as is possible, but
not closer than six inches to the right-of-way line. Where, as a result
of such major obstructions as large and established trees, steep hills,
drainageways, or major utility lines, the construction costs of the
sidewalk in its normal location would be prohibitive, sidewalks may
be located elsewhere within the street right-of-way, or within an
easement, with the approval of the Village Engineer.
(2)
Sidewalks constructed at street intersections or within five feet
of a legal crosswalk shall include provisions for curb ramping in
accordance with Village standards.
(3)
In all cases where the grades of sidewalks have not been specifically
fixed by ordinance, the sidewalks shall be laid to the established
grade of the street. In areas where sidewalks are to be laid to the
established grade of the street, the street edge of the sidewalk pavement
shall be at an elevation above the top of the curb determined by a
slope of a minimum of 1/4 inch per foot up to a maximum of 3/4 inch
per foot times the distance between the curb and the street, sidewalk
edge. The sidewalk pavement cross slope shall be 1/4 inch per foot
toward the street, unless public drainage is available behind the
sidewalk.
The subdivider or condominium developer (as applicable) shall construct stormwater drainage facilities adequate to serve the subdivision, certified survey map, or condominium in conformance with § 582-47, all applicable local comprehensive plans or adopted plan components, or as required by the Village of Grantsburg under Chapter 538, Construction Site Erosion Control, of this Code, based upon the recommendations of the Village Engineer. These facilities may include curbs and gutters, catch basins and inlets, storm sewers, road ditches, open channels, water retention and detention structures, basins, and settling basins. All such facilities shall be of adequate size and grade to hydraulically accommodate the maximum potential volumes of flow and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazards to life or property. In addition, the following provisions shall be complied with:
A.
Stormwater management plan required. A stormwater management plan
shall be prepared by a Wisconsin registered professional engineer
which shall include, but not be limited to, the following:
(1)
Existing and proposed topography at two-foot contour intervals of
the proposed subdivision, certified survey map, or condominium.
(2)
Proposed elevations of all streets.
(3)
Proposed drainage swales.
(4)
Proposed storm sewers, manholes and inlets.
(5)
Construction site erosion facilities.
(6)
A report and map(s) showing the drainage basin for the entire area
where the subdivision, certified survey map, or condominium is located,
including estimates of the total acreage in the drainage basin and
percentage of the drainage basin within the proposed subdivision,
certified survey map, or condominium.
(7)
Location of any planned stormwater detention and/or retention basins
and applicable calculations for their sizing and design.
(8)
Calculations relating to the amount of runoff from the site of the
proposed subdivision, certified survey map, or condominium prior to
development and anticipated runoff following the development of the
site.
B.
Unpaved street gutters (ditches).
(1)
Unpaved street gutters (ditches) may be permitted by the Village
Board, upon the recommendation of the Village Engineer, and shall
be shaped and seeded and/or sodded as grassed waterways.
(2)
The subdivider or condominium developer (as applicable) is encouraged
to use natural wetland plant materials where possible.
(3)
Where the velocity of flow is in excess of four feet per second on
soils having a severe or very severe erosion hazard and in excess
of six feet per second on soils having moderate, slight, or very slight
erosion hazard, the subdivider or condominium developer (as applicable)
shall meander the waterway or install a paved invert or check dams,
flumes, or other energy-dissipating devices.
C.
Drainage facilities.
(1)
These shall, if required by the Village Engineer, include stormwater
detention and/or retention basins, structures, and settling basins
necessary so as to prevent erosion and sedimentation where such facilities
discharge into streams or lakes.
(2)
The design criteria and the size, type, grades, and installation
of all stormwater drains and sewers and other cross-section, invert,
and erosion control paving check dams, flumes, or other energy-dissipating
structures and seeding and/or sodding of open channels and unpaved
road ditches proposed to be constructed shall be in accordance with
the plans and standard specifications approved by the Village.
D.
Storm sewers.
(1)
When required by the Village, the subdivider or condominium developer
(as applicable) shall assume the cost of installing all required storm
sewers within the proposed subdivision, certified survey map, or condominium
except for the added cost of installing storm sewers greater than
those which are necessary to serve tributary drainage areas lying
outside of the proposed subdivision, certified survey map, or condominium.
(2)
The cost of such larger storm sewers shall be prorated in proportion
to the ratio which the total area of the proposed subdivision, certified
survey map, or condominium is to the total drainage area to be served
by such larger sewer, and the excess cost shall either be borne by
the Village of Grantsburg or assessed against the total tributary
drainage area. Storm sewers oversized to handle runoff from outside
properties will be installed by the subdivision, condominium or certified
survey map developer (as applicable); however, the cost of oversizing
above a twenty-four-inch diameter storm sewer typically shall be paid
by other users connecting to the system.
A.
General curb and gutter requirements. In all subdivisions, certified
survey maps, and condominiums located in urban areas, the Village
Board shall require the subdivider or condominium developer (as applicable)
to construct concrete curb and gutter in accordance with plans as
approved by the Village Engineer.
B.
Curb and gutter; drainage facilities.
(1)
After the installation of all utility and stormwater drainage improvements,
the subdivider shall be required to construct concrete curbs and gutters
or, if approved by the Village of Grantsburg, a system of ditches
and culverts. The subdivider shall install concrete curb and gutter
along both sides of all streets and boulevards shown on the plat.
The cost of the curb and gutter and required inspection, supervision
and engineering fees shall be paid for by the subdivider.
(2)
Suitable concrete curb and gutter shall be constructed along the
outside edge of all street pavements. Curb and gutter in residential
areas shall have a six-inch barrier curb with a twenty-four-inch flag,
except at driveway aprons where depressed curb shall be constructed.
Depressed curb ramps shall be constructed at all handicap ramps for
sidewalks. Said curbs and gutters shall be constructed of concrete,
3,500 psi strength at seven days, and contain three continuous one-half-inch
diameter deformed steel reinforcing rods 10 feet long, six inches
on center in the gutter flag at locations crossing underground utility
excavations or where otherwise directed by the Village Engineer. Expansion
joints 1/2 inch thick shall be placed in the curb at each starting
and ending of a radius and at intervals not exceeding 300 feet and
where otherwise directed by the Village Engineer. Tie bars shall be
provided where curb and gutter is adjacent to rigid pavements.
(3)
Contraction joints shall be tooled, saw cut, or formed by insertion
of a metal plate in the concrete at intervals not exceeding 12 feet.
C.
Driveway access curb cuts. Wherever possible, provision shall be
made at the time of construction for driveway access curb cuts.
D.
Curb ramps. Curb ramps shall be installed in accordance with the
Americans with Disabilities Act and § 66.0909, Wis. Stats.,
and as approved by the Village Engineer.
When a proposed subdivision plat, certified survey map, or condominium
is proposed to be located where public sanitary sewer facilities are
available, as determined by the Village Board upon the Village Engineer's
recommendation, to the subdivision plat, certified survey map area
or condominium, the subdivider or condominium developer (as applicable)
shall construct sanitary sewer facilities in such a manner as to make
adequate sanitary sewer service available to each lot within the subdivision
or certified survey map area or dwelling unit within a condominium.
The subdivider or condominium developer (as applicable) shall comply
with all applicable Village ordinances and policies. In addition:
A.
Extent of required installation of sewer service lateral lines. The
Village Board shall require the installation of sewer service laterals
to the street lot line.
B.
Plans and specifications required. The size, type, and installation
of all sanitary sewers and sanitary sewer service laterals proposed
to be constructed shall be in accordance with plans and standard specifications
approved by the Village Engineer. There shall be provided a sanitary
sewerage system to all lots, approved by the Village Engineer. The
subdivision, condominium or certified survey map developer (as applicable)
shall install adequate sanitary sewer facilities and connect them
to Village sewer mains, subject to specifications and inspection of
the Village Engineer. All sanitary sewers shall be in accordance with
Ch. NR 110, Wis. Adm. Code. The subdivider shall pay all the costs
of all sanitary sewer work, including the bringing of a sanitary sewer
of adequate capacity and depth from where it exists to the project
in question as well as providing all sanitary sewer work within the
project.
C.
Costs associated with sanitary sewers eight inches or less in diameter.
The subdivider or condominium developer (as applicable) shall assume
the cost of installing all sanitary sewers that are eight inches in
diameter or less.
D.
Costs associated with sanitary sewers larger than eight inches in
diameter. If larger than eight-inch diameter sanitary sewers are required
to handle the contemplated sewage flows, the difference between the
costs of such larger sewers and the eight-inch sewer shall be prorated
in proportion to the ratio which the total sewage of the proposed
subdivision, certified survey map, or condominium is to the total
sewage capacity to be served by such larger sewer and the excess cost
shall be either borne by the Village or assessed against the total
tributary sewer area.
E.
Sanitary sewer availability and requirements for installation.
(1)
The subdivider, certified survey map or condominium developer (as
applicable) shall install, at his cost, sanitary sewers in accordance
with this chapter and specifications of the Village when it is determined
that the proposed subdivision or minor land division lies within a
public sanitary sewer service area and sanitary sewer facilities can
or are programmed to be extended to the proposed subdivision, certified
survey map, or condominium within five years.
(2)
The subdivider, certified survey map or condominium developer (as
applicable) shall construct sanitary sewers in such a manner as to
make adequate sanitary sewerage service available to each lot within
the project. Where public sanitary sewers of adequate capacity are
determined by the Village Engineer to be available, extensions of
the public sanitary sewer system shall be made as to provide sewer
service to each lot. Gravity sanitary sewers shall be extended to
the project and to each buildable lot as approved by the Village Engineer.
Sewerage service lines (laterals) of the sizes and materials required
by the Village Engineer shall be installed from the sanitary sewers
to the property line of every lot in the subdivision. This installation
will be coordinated with the installation of sanitary sewers. The
size, type and installation of all sanitary sewers proposed to be
constructed shall be in accordance with plans and standard specifications
approved by the Village Engineer. Where sanitary sewers are located
within the floodplain, sanitary manholes shall be floodproofed.
(3)
The ends of the services for each lot shall be accurately measured
and recorded with the Village Engineer and marked in the field with
appropriate staking.
(4)
Until such time as the public sewers within the subdivision, certified
survey map, or condominium can be connected to the public sanitary
sewer system, they shall be temporarily capped.
(5)
No private or public use shall be connected to the sanitary sewers
within the subdivision, certified survey map, or condominium until
such sanitary sewers are connected to the public sewerage system.
(6)
The subdivider or condominium developer (as applicable) shall indicate
on the face of a subdivision plat, certified survey map, or condominium
plat that the owner of private uses within the subdivision, certified
survey map, or condominium plat shall connect such uses to the sanitary
sewers in the subdivision, certified survey map, or condominium at
the time such sanitary sewers are connected to the public sewerage
system, and the Village of Grantsburg shall be held harmless for any
damages or costs incurred to disconnect and abandon any private on-site
wastewater treatment system then in place and any costs associated
with connection to the public sewer mains.
A.
Adequate water supply facilities to be made available.
(1)
When public water supply and distribution facilities are available
(as determined by the Village Board) to the subdivision plat, certified
survey map, or condominium or when it is proposed to establish a private
water supply and distribution system to serve two or more lots or
dwelling units, the subdivider or condominium developer (as applicable)
shall cause such water supply and distribution facilities to be installed
in such a manner as to make adequate water service available to each
lot within the subdivision or certified survey map area or to each
condominium dwelling unit. The subdivision, condominium or certified
survey map developer (as applicable) shall pay all costs of installing
and connecting adequate Village water, including the bringing of water
from where it exists to the land division in question as well as providing
all waterworks. If municipal water is available, property owners within
said subdivision plat, certified survey map, or condominium shall
be required to connect to such water service.
(2)
Public Service Commission rules. The rules of the Village's utilities
on file with the Wisconsin Public Service Commission are hereby adopted
by reference and made a part hereof as though fully set forth herein.
B.
Additional water supply facilities requirements. The subdivider or
condominium developer (as applicable) shall make provision for adequate
private water systems as required by the Village in accordance with
the standards of the Wisconsin Department of Safety and Professional
Services. In addition:
(1)
Water service laterals to street lot line. The Village Board, upon
the recommendation of the Plan Commission, may require the installation
of water service laterals to the street lot line.
(2)
Size, type, and installation of public and private water mains. The
size, type, and installation of all public and/or private water mains
proposed to be constructed shall be in accordance with plans and standards
specifications approved by the Village Engineer.
(3)
Costs of installing water mains, water service laterals, water system
appurtenances or wells. The subdivider or condominium developer (as
applicable) shall assume the cost of installing all water mains, water
service laterals, water system appurtenances, or wells within the
proposed subdivision, certified survey map, or condominium except
for the added cost of installing public water mains greater than eight
inches in diameter. The cost of such larger water mains or other water
system related facilities shall be prorated in proportion to the ratio
which the total flow and amount required by the proposed subdivision,
certified survey map, or condominium is to the total water service
area flow and amount requirements for the larger water main, and the
excess cost shall either be borne by the Village or assessed against
the total water service area as determined by the Village Board.
(4)
Installation of water mains.
(a)
The subdivision, condominium or certified survey map developer
(as applicable) shall have prepared plan and profile drawings and
specifications for the installation of water main facilities in accordance
with the Village Master Water Main Plan, including the water main,
pipe fittings, valves, hydrants and lateral house connections for
each lot in the subdivision extended to the lot line. Upon approval
of the plans by the Village Engineer and the Village utilities, the
subdivision, condominium or certified survey map developer (as applicable)
shall cause to be installed, in accordance with the Standard Specifications
for Sewer and Water Construction in Wisconsin, all facilities required,
and the cost of the same, including inspection, supervision and engineering
fees, shall be paid for by the subdivision, condominium or certified
survey map developer (as applicable).
(b)
Until such time as the public water mains within the subdivision,
certified survey map, or condominium can be connected to the larger
community water supply system, they shall be temporarily capped.
(c)
No private or public use shall be connected to the water mains
within the subdivision, certified survey map, or condominium until
such water mains are connected to the larger public water supply system.
(d)
The subdivider or condominium developer (as applicable) shall
indicate on the face of the subdivision plat, certified survey map,
or condominium plat that the owner of private uses within the subdivision
plat, certified survey map, or condominium plat shall connect such
uses to the water mains within the subdivision plat, certified survey
map, or condominium and that the Village shall be held harmless for
any damages or costs incurred to disconnect and abandon any on-site
water supply system then in place and any costs associated with connection
to the public water mains.
(5)
Installation of fire hydrants. The subdivider or condominium developer
(as applicable) shall install fire hydrants connected to water mains
in accordance with this chapter. The subdivision, condominium or certified
survey map developer (as applicable) shall provide for the location
of public fire hydrants along new streets at not greater than six-hundred-foot
spacing. Fire hydrants which have not passed testing or have not been
operationalized shall be covered with securely attached bags to preclude
their being inadvertently used by the Fire Department in an emergency
situation. The center line of the pumper nozzle of each hydrant shall
be a minimum of 21 inches above the pavement.
The subdivider, certified survey map or condominium developer
(as applicable) shall cause appropriate utilities such as gas, electrical
power, cable television (where available), and telephone facilities
to be installed in such a manner as to make adequate service available
to each lot in the subdivision or certified survey map and to each
dwelling unit in a condominium. No such new electrical, cable television,
or telephone service shall be located on overhead poles. In addition,
plans indicating the proposed location of all gas, electrical power,
cable television, natural gas, telephone, and distribution and transmission
lines required to service the subdivision, certified survey map, or
condominium shall be approved by the Village Board.
A.
Traffic control signs; street name signs. The subdivider, certified
survey map or condominium developer (as applicable) shall install,
at his cost, traffic control and street name signs along all streets
proposed to be dedicated to the public. Traffic control and street
name signs shall meet the following standards:
(1)
Traffic control signs.
(a)
The design and placement of traffic control signs shall follow
state regulations.
(b)
Such signing shall include street name signs and such temporary
barricades and "road closed" signs as may be required by the Director
of Public Works until the street improvements have been accepted by
Village Board resolution.
(c)
The Director of Public Works shall have the authority to impose
any restrictions on traffic on street improvements not yet accepted
by the Village as he may deem necessary to protect the improvements
from damage and to protect the safety of the public. Such restrictions
shall include, but not be limited by enumeration to, weight restrictions,
street closings, access restrictions, or the posting of temporary
traffic control measures.
(2)
Street name signs. The subdivision, condominium or certified survey
map developer (as applicable) shall install at least two street name
signs, of a design and color as approved by the Village, at each four-way
street intersection proposed to be dedicated and one at each "T" intersection.
Street name signs shall be installed so as to be free of visual obstructions.
B.
Streetlights. The subdivision, condominium or certified survey map
developer (as applicable) shall install streetlights along all streets
proposed to be dedicated to the public in urban areas. Said streetlights
shall meet the following standards:
(1)
Pole and luminaire design. The design of the streetlights shall be
compatible with the neighborhood and type of development proposed.
Streetlight pole and luminaire design shall meet the requirements
set forth in Village ordinances and as approved by the Village Engineer.
(2)
Distribution and placement. Streetlights shall be placed at each
street intersection and at each interior block location and other
spacing as required by the Village Engineer.
(3)
Requirements of Village lighting ordinance. All streetlights shall be in full compliance with Chapter 595, Zoning, § 595-91, Outdoor lighting, of this Code. In addition:
(a)
All outdoor lighting luminaires shall be shielded in such a
manner so that light emitted (either directly from the lamp or indirectly
from the luminaire) is projected a minimum of 15° below the horizontal
plane running through the lowest point on the luminaire where light
is emitted.
(b)
Mercury vapor outdoor lighting luminaires shall not be allowed.
A.
Improvements to be extended to farthest limit of parcel or lot. Any
and all improvements or utility services required by this article
for the subdivision, certified survey map, or condominium shall be
extended to the farthest limit of the parcel or lot upon which a building
permit is requested unless the owner is excused from meeting such
requirement by the Village Board.
B.
Financial sureties for extension of improvements required. In the event the improvements are required to the end of the parcel or lot, the subdivider or condominium developer (as applicable) shall be required to post financial sureties with the Village pursuant to § 582-25 if improvements are not made.
C.
Extra-sized and off-site facilities. When any public improvements
of adequate capacity are not available at the boundary of a proposed
land division, the Village, or its duly authorized representative,
shall require, as a prerequisite to approval of a final plat, certified
survey map or condominium plat, assurances that such improvement extensions
shall be provided as follows in accordance with the following standards:
(1)
Design capacity. All improvements within or entering or leaving the
proposed development shall be installed to satisfy the service requirements
for the entire service or drainage area in which the development is
located and the improvements shall be of sufficient capacity to handle
the expected development of the overall service area involved.
(2)
Extra-sized and off-size improvements. Where improvements of adequate size needed to serve the development are not available at the boundary of the development, the subdivider shall proceed under one of the alternatives as identified in § 582-25A.
(3)
Lift stations. Where sanitary or storm sewer lift stations and force
mains are required to lift sewage to the gravity system, the subdivision,
condominium or certified survey map developer (as applicable) shall
have plans, profiles, specifications and estimated operation and maintenance
costs prepared for the installation of such facilities to the Village
Engineer's requirements. Equipment similar to existing Village equipment
shall be utilized whenever possible. The installation, inspection,
supervision and engineering fees for lift stations and/or force mains
shall be paid for by the subdivider unless otherwise determined and
agreed upon by the Village Board. Gravity sanitary sewer service shall
be employed whenever determined by the Village Engineer to be feasibly
accessible.
A.
Landscaping installation. The subdivision, condominium or certified
survey map developer (as applicable) shall install landscaping in
accordance with a landscape plan approved by the Village Board, upon
the recommendation of the Plan Commission. If plantings are not installed
prior to approval of a final plat, certified survey map, or condominium
plat (as applicable), a landscaping fee and installation schedule
shall be specified in the subdivider's agreement (developer's agreement)
and appropriate sureties shall be provided.
B.
Landscape maintenance. Maintenance of all landscaping included in an approved landscape plan shall be the responsibility of the property owner or, for landscaping installed in common areas of a subdivision plat or condominium (as applicable), the homeowners' association or condominium owners' association. Provisions for the maintenance of such landscaping maintenance shall be included in the homeowners' association or condominium owners' association documents required under § 582-21C.
C.
Street trees. In all subdivisions, certified survey maps, and condominiums requiring new street dedications, the Village shall require the subdivider or condominium developer (as applicable) to plant a minimum of one street tree of a Village-approved species and a minimum diameter at breast height (dbh) of three inches for each 40 feet of lot frontage on each side of all streets to be dedicated to the public. Said required street trees shall be planted within five feet but outside of the public street right-of-way. All required street trees shall be installed by the subdivider or condominium developer (as applicable) in accordance with plans and specifications, including Chapter 488, Trees and Shrubs, of this Code, including any spacing requirements of Chapter 488. Existing trees already in the prescribed locations and equal to or greater than the minimum dbh prescribed herein shall be counted towards the required number of street trees on a one-to-one basis. Street trees shall be of the species specified by the Village. In addition:
(1)
Minimum distance to utility poles. No street trees shall be planted
less than 15 feet from a utility pole.
(2)
Minimum distance to driveways and intersections. No street trees
shall be planted less than five feet from a driveway. At street corners,
trees shall be located at least 25 feet from the intersection of right-of-way
lines.
(3)
Minimum distance to sidewalks. No street trees shall be planted less
than three feet from a sidewalk.
(4)
Street tree warranty and continued maintenance required. The subdivider
or condominium developer (as applicable) shall be responsible and
provide a two-year warranty for all landscape materials planted. Said
warranty shall begin upon completion, acceptance, and dedication of
improvements to the Village. In no case shall it conflict with the
surety bond herein and elsewhere described in this chapter. The subdivider
or condominium developer (as applicable) shall provide, plant, and
warrant equal inches of caliper to that which is removed. The removal
of a tree shall not serve as a release from the requirement for street
trees. Upon the expiration of the warranty period, it shall be the
adjacent property owner's responsibility to water, weed, trim, maintain,
and replant, if necessary, said trees. In addition, any tree that
is damaged or destroyed shall be promptly replanted with a new, similar
tree by the adjacent owner at the property owner's expense.
A.
Utility easements. The Village Board, on the recommendation of appropriate
departments, utilities and agencies serving the Village, shall require
utility easements for poles, sanitary sewer, wire communications conduits,
storm sewers, gas, water and head mains or other utility lines. It
is the intent of this chapter to protect all established easements
so as to assure proper grade, assure maintenance of the established
grade, prohibit construction of permanent fences or retaining walls
over underground installation and prevent the planting of trees in
the easement area.
B.
Natural resource features protection/mitigation, conservation, landscape
bufferyard, and utility easements required. The Village Board, upon
the recommendation of the Plan Commission, shall require natural resource
features protection/mitigation, conservation, landscape bufferyard,
and utility easements of widths deemed adequate for the intended purpose
on each side of all rear lot lines and on side lot lines or across
lots where necessary or advisable for natural resource feature protection,
landscape bufferyards, electric power and communication lines, wires,
conduits, storm and sanitary sewers, and gas, water, and other utility
lines.
C.
Subdivision, certified survey map, or condominium plat traversed
by watercourse, drainageway channel, or stream. Where a subdivision,
certified survey map, or condominium plat is traversed by a watercourse,
drainageway channel, or stream, an adequate drainageway or easement
shall be provided as required by the Village Board, upon the recommendation
of the Plan Commission. The location, width, alignment, and improvement
of such drainageway or easement shall be subject to the approval of
the Village Board, upon the recommendation of the Plan Commission,
and parallel streets or parkways may be required in connection therewith.
Where necessary, stormwater drainage shall be maintained by landscaped
open channels of adequate size and grade to hydraulically accommodate
maximum potential volumes of flow. These design details are subject
to review and approval by the Village Engineer.
D.
Easement locations.
(1)
Such easements shall be at least 15 feet wide, or wider where recommended
by the Village Engineer, and may run across lots or alongside of rear
or side lot lines. Evidence shall be furnished to the Village Board
that easements and any easement provisions to be incorporated in the
plat or in deeds have been reviewed by the individual utility companies
or the organization responsible for furnishing the services involved.
(2)
All easements dedicated on final plats or certified survey maps for
poles, cables or conduits for electricity, telephone or other private
utility lines shall be noted thereon as "Utility Easement." All easements
for storm and sanitary sewers, water and force mains, pedestrian walks
and other public purposes shall be noted thereon as "Public Easement
for" followed by reference to the use or uses for which they are intended.
E.
Deed restrictions for easements. Deed restrictions shall accompany
each final plat or certified survey map and shall be filed in the
Register of Deeds office. In addition to whatever else may be contained
therein, such restrictions shall describe the location and width of
utility and public easements which are being established; a description
by reference to the final plat or certified survey map shall suffice.
Such restrictions shall further recite that the utility companies
and the public agencies using such easements are granted the right
to place, and shall state that the elevation of such easements as
graded by the subdivider may not be altered thereafter by him or any
subsequent landowner by more than six inches.
The subdivider or condominium developer (as applicable) shall plant those grasses, trees, and vines, the species and size, as approved by the Village Board, upon the recommendation of the Plan Commission, necessary to prevent soil erosion and sedimentation. The subdivider or condominium developer (as applicable) shall also comply with Chapter 538, Construction Site Erosion Control, of the Village of Grantsburg Code of Ordinances as amended. In addition:
A.
Installation of protection and rehabilitation measures. The Village
Board, upon the recommendation of the Plan Commission, shall require
the subdivider or condominium developer (as applicable) to provide
or install certain protection and rehabilitation measures to prevent
soil erosion and sedimentation, such as fencing, sloping, seeding,
riprap, revetments, jetties, clearing, dredging, snagging, drop structures,
brush mats, willow poles, and grade stabilization structures.
B.
Maximum width of paths and trails in wooded and wetland areas. Paths
and trails in wooded and wetland areas shall not exceed 10 feet in
width unless otherwise approved by the Village Board, upon the recommendation
of the Plan Commission, and shall be so designed and constructed as
to result in the least removal and disruption of trees and shrubs
and the minimum impairment of natural beauty.
C.
Earthmoving. Earthmoving, such as grading, topsoil removal, mineral
extraction, stream course changing, road cutting, waterway construction
or enlargement, removal of stream or lake bed materials, excavation,
channel clearing, ditching, drain tile laying, dredging, and lagooning,
shall be so conducted as to prevent soil erosion and sedimentation
and to minimize the disturbance of the natural fauna, flora, watercourse,
water regimen, and topography.
D.
Topsoil preservation. Topsoil moved during the course of construction
shall be redistributed on all pervious regraded surfaces so as to
provide adequate topsoil to cover all previous disturbed areas of
the subdivision, certified survey map, or condominium and shall be
stabilized to prevent soil erosion by seeding or planting as determined
by the Village Board.
E.
Slope and terrace protection. Areas of cuts, fills, and terraces
shall be landscaped sufficiently to prevent soil erosion in accordance
with plans and standard specifications approved by the Village Engineer.
When the land included in a subdivision plat or certified survey
map abuts upon or is adjacent to land used for farming or grazing
purposes, the subdivision, condominium or certified survey map developer
(as applicable) shall erect partition fences, satisfying the requirements
of the Wisconsin Statutes for a legal and sufficient fence, between
such land and the adjacent land. A covenant binding the subdivision,
condominium or certified survey map developer (as applicable) and
his grantees, heirs, successors, and assigns to erect and maintain
such fences, without cost to the adjoining property owners, so long
as the land is used for farming or grazing purposes, shall be included
upon the face of the final plat or certified survey map.
A.
Commencement. No destruction of trees or vegetation, ground or earth
moving, alteration of land, or construction or installation of improvements
shall commence in a proposed preliminary plat, certified survey map,
or condominium until said preliminary plat, certified survey map,
or condominium has been approved and the Village Board has given written
authorization to commence work. Inspection fees shall be required
as specified in this chapter.
B.
Building, zoning, and sanitary permits. No building, zoning, or sanitary
permits shall be issued for the erection of a structure on any lot
not of record until all the requirements of this chapter have been
met, including the construction of required streets and sidewalks
and the removal of construction debris, waste and/or rubbish from
the lot, and any unoccupied building or structures.
C.
Plans and specifications. The following plans and accompanying construction
specifications, as approved by the Village Engineer, shall be required
by the Village before authorization of construction or installation
of improvements:
(1)
Street plans and profiles. Street plans and profiles showing existing
and proposed grades, elevations, and cross sections of required improvements.
(2)
Grading plans. Grading plans showing existing and proposed contours,
mass and finished grading plans, proposed top of building foundation
and finished yard grade elevations, and such supplemental information
as required by the Village Engineer. Elevations shall be marked on
such contours and grades based on National Geodetic Vertical Datum
of 1929 (mean sea level).
(3)
Sanitary sewer plans and profiles. Sanitary sewer plans and profiles
showing the locations, grades, sizes, cross sections, elevations,
and materials of required facilities, when located within a Village
of Grantsburg adopted existing or proposed sanitary sewer service
area.
(4)
Storm sewer plans and profiles. Storm sewer and/or drainage plans and profiles showing the locations, grades, sizes, cross sections, elevations, and materials of required facilities. Also, a stormwater management program plan shall be required as set forth in § 582-47.
(5)
Water main plans and profiles. Water main plans and profiles showing
the locations, sizes, elevations, and materials of required facilities,
when located with a Village of Grantsburg adopted existing or proposed
sanitary sewer service area.
(6)
Gas, electrical power, telephone and cable television plans. Plans
showing the location and size, where applicable, of all natural gas,
electrical power, telephone, and cable television service.
(7)
Specifications for protection against erosion, siltation, sedimentation,
and washing required. The subdivider or condominium developer (as
applicable) shall cause all grading, excavations, open cuts, side
slopes, and other land surface disturbances to be so mulched, seeded,
sodded, or otherwise protected that erosion, siltation, sedimentation,
and washing are prevented, in accordance with the plans and specifications
approved by the Village Engineer. In addition:
(a)
Sod shall be laid in strips at those intervals necessary to
prevent erosion and at right angles to the direction of drainage.
(b)
Temporary vegetation and mulching shall be used to protect critical
areas, and permanent vegetation shall be installed as soon as practical.
(c)
Construction at any given time shall be confined to the smallest
practical area and for the shortest practical period of time.
(d)
Sediment basins shall be installed and maintained at all drainageways
to trap, remove, and prevent sediment and debris from being washed
outside the area being developed.
(e)
All erosion control procedures must be carried out in conformance
with Village regulations for construction site erosion control.
(8)
Landscape and planting plans. Landscape and planting plans (see § 582-23) showing the locations, age, caliper, and species of any required grasses, vines, shrubs, and trees.
(9)
Additional plans. Additional special plans or information as required
by Village officials.
D.
Maintenance of improvements during construction. The subdivider or
condominium developer (as applicable) shall make every effort to protect
and maintain all improvements made to a subdivision plat, certified
survey map, or condominium that are not dedicated to the Village during
the construction of the subdivision plat, certified survey map, or
condominium.
E.
Existing trees and flora. The subdivider or condominium developer
(as applicable) shall make every effort to protect and retain existing
trees, shrubbery, vines, and grasses not actually lying in public
roadways, drainageways, building foundation sites, private driveways,
soil absorption waste disposal areas, paths, and trails in accordance
with the natural resource protection plan. Such trees are to be protected
and preserved during construction in accordance with sound conservation
practices, including the preservation of trees by well islands or
retaining walls whenever abutting grades are altered. Towards that
end, the following minimum procedures shall be followed during construction:
(1)
Methodology for tree preservation to be reviewed. The subdivider's
or condominium developer's (as applicable) proposed method for preserving
trees shall be reviewed by the Village Board or Village staff during
the preliminary plat, certified survey map, or condominium approval
phase of application to the Village. If, in the opinion of the Village
Board, the subdivider or condominium developer (as applicable) has
not taken the necessary precaution in preserving existing trees as
required by this chapter, no building permit shall be issued until
such time as the subdivider or condominium developer (as applicable)
amends the plans for the preservation of such existing trees.
(2)
Limitation on encroachment of grading and construction equipment.
All grading and construction equipment shall be forbidden from encroaching
within the tree's drip line.
(3)
Material dumping prohibited within tree drip line. Materials detrimental
to the tree shall not be dumped or placed within a tree's drip line
or at any higher elevation than the base of the tree where drainage
toward the tree could adversely affect the health of the tree. Said
materials shall include, but not necessarily be limited to, excess
soil, stone or rock, additional fill, equipment, liquids, or construction
debris.
(4)
Snow fence required. During grading and construction, a snow fence
shall be installed at the periphery of the tree's drip line.
(5)
Attachments to trees prohibited. No attachments or wires, other than
those of a protective or nondamaging nature, shall be attached to
any trees to be preserved during construction.
(6)
Tree destruction and replacement. In the event that a tree designated
on the approved preliminary plat, certified survey map, condominium
or natural resources protection plan for preservation is destroyed
or razed during the construction process, the subdivider or condominium
developer (as applicable) shall replace such tree with a tree of a
like species approved by the Village Board and having a diameter of
not less than the tree so destroyed or razed. No one replacement,
however, shall exceed six inches in diameter as measured at 12 inches
above the ground level. However, several smaller diameter trees having
a combined diameter equal to the tree razed or destroyed shall be
planted for trees larger than six inches as directed by the Village.
Said replacement trees shall be placed in the approximate location
of the tree or trees so destroyed. Said replacement trees shall not
be counted toward any mitigation measures which may be required of
the subdivider or condominium developer (as applicable) as specified
elsewhere in this chapter.
F.
Review of plans and specifications by Village Engineer. The Village
Engineer shall review or cause to be reviewed the plans and specifications
for conformance with the requirements of this chapter and other pertinent
Village ordinances and design standards recommended by the Village
Engineer and approved by the Village Board. If the Village Engineer
rejects the plans and specifications, the Village Engineer shall notify
the subdivider or condominium developer (as applicable), who shall
cause the modification of the plans or specifications or both accordingly.
When the plans and specifications are corrected, the Village Engineer
shall approve the plans and specifications.
G.
Authorization and inspection.
(1)
Authorization to start construction. Prior to starting the work covered
by the approved plans and specifications, written authorization to
start said work shall be obtained from the Village Board based upon
recommendation of the Village Engineer upon receipt of all necessary
and required permits and in accordance with the construction methods
prescribed by this chapter. Building permits shall not be issued until
all improvements required by this chapter are satisfactorily completed.
(2)
Inspection. The subdivider or condominium developer (as applicable),
prior to commencing any work within the subdivision, certified survey
map, or condominium, shall make arrangements with the Village to provide
for adequate inspection. The Village Engineer and/or Director of Public
Works or designee shall inspect or cause to be inspected and approve
all completed work prior to approval of the final plat or release
of the required financial sureties. During the course of construction,
the Village Engineer shall make such inspections as deemed necessary
to ensure compliance with the approved plans and specifications. The
subdivider or condominium developer (as applicable) shall pay the
Village for the costs incurred by the Village for such inspections.
H.
Guarantee of improvements. The subdivider or condominium developer
(as applicable) shall guarantee all improvements for period of two
years from the date of the acceptance of improvements by the Village
Board. To assure such improvement guarantee, the subdivider or condominium
developer (as applicable) shall provide an amount of financial surety
(performance bond or letter of credit) for said guarantee not to exceed
25% of the construction value of said improvements.
I.
Phasing. The Village Board may permit the construction and installation
of public improvements in phases corresponding to the development
phases of the final plat or the development phases of a condominium
plat.
J.
Construction; installation. All public improvements shall be constructed,
installed and provided in a workmanlike manner, in accordance with
the provisions of this chapter, the subdivider's agreement entered
into by and between the subdivider or condominium developer (as applicable)
and the Village, and the plans and specifications approved by the
Village Engineer, at the cost of the subdivider or condominium developer
(as applicable), except as is otherwise expressly provided by this
chapter, and only after the Village Board has granted final approval
of the final plat, certified survey map, or condominium, if the subdivider
or condominium developer (as applicable) is responsible for providing
the improvements, and only after the Village has issued written authorization
to proceed with specified improvements.
K.
Stop-work orders. The Village Engineer, Director of Public Works
and Building Inspector shall have the authority to issue stop-work
orders with respect to noncompliance with the installation of any
required public improvements whenever the location, materials, workmanship,
or manner of performance is not in accordance with the provisions
of this chapter, Village codes and ordinances, the subdivider's agreement
(developer's agreement) entered into by and between the subdivider
or condominium developer (as applicable) and the Village, or the plans
and specifications approved by the Village Engineer.
A.
Acceptance of improvements. The dedication of any improvements, utilities,
streets, parks, easements, rights-of-way or other lands or rights
to the Village or the pubic shall not be considered accepted by the
Village for public ownership until such time as the required public
improvements within the intended dedication or necessary because of
the intended dedication have been completed and accepted by the Village
Board by adoption of a resolution accepting such dedication. The subdivision,
condominium or certified survey map developer (as applicable) shall
be responsible for and liable for the maintenance, safety and operation
of all required public improvements until such time as the improvements
are accepted by the Village Board by resolution. In the event the
Village must take measures to maintain, operate or make safe a public
improvement existing or required as a result of the land division
but which has not yet been accepted by the Village, the costs of such
measures shall hereby be determined to be Village-incurred costs to
be reimbursed to the Village by the subdivision, condominium or certified
survey map developer (as applicable) in accordance with the provisions
of this chapter.
B.
Inspection and certification of improvements.
(1)
After any of the following increments of the required improvements
have been installed and completed, the subdivision, condominium or
certified survey map developer (as applicable) shall notify the Village
Engineer, in writing, that the work is complete and ready for final
inspection, shall file reproducible record drawings of the completed
improvements and shall file lien waivers or affidavits, in a form
acceptable to the Village Clerk and approved by the Village Attorney,
evidencing that there are no claims, actions or demands for damages,
based upon contract or tort, arising out of or in any way related
to the project and that no moneys are owned to any surveyor, mechanic,
contractor, subcontractor, materialman or laborer after all required
improvements have been installed. Acceptance of the improvements may
be requested in the following increments:
(2)
The Village Clerk shall certify that there are no unpaid taxes or
unpaid special assessments on any of the lands included in the area
of acceptance and shall prepare a final billing for engineering, inspection
and legal fees and submit it to the subdivider for payment. The Village
Engineer shall conduct any necessary final inspections of the improvements
and forward a report to the Village Clerk recommending either approval
or disapproval. When the engineering, inspection, and legal fees,
taxes and special assessments have been paid and when the necessary
lien waivers and affidavits have been filed, the report of the Village
Engineer, together with the recommendation of the Village Clerk, shall
be forwarded to the Village Board for approval and acceptance of the
improvements and dedications.
